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Legal Opinion

In Re Lord

United States Bankruptcy Court, E.D. New York

Decided June 27, 2003No. 8-19-71127PublishedCited by 27 opinions

1Opinion of the Court

DECISION AND ORDER

CARLA E. CRAIG, Bankruptcy Judge.

This matter comes before the Court on the motion of the Chapter 13 Trustee seek ing dismissal of this Chapter 13 case based on the rule, adopted by a majority of the courts which have considered this issue, that simultaneous cases relating to the same debtor may not be maintained (even if under different chapters of the Bankruptcy Code). For the reasons set forth herein, the motion is granted.

Facts

The facts relevant to this motion are not in dispute.

Winfield Lord (“debtor”) filed his first petition as a joint Chapter 7 case with Michelle…

2Cases cited23 opinions

  1. Johnson v. Home State BankSupreme Court of the United States · 1991
  2. Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
  3. In Re Paul Wayne Saylors, Debtor. Jim Walter Homes, Inc. v. Paul Wayne Saylors, Jane K. Dishuck, Standing TrusteeCourt of Appeals for the Eleventh Circuit · 1989
  4. In Re TurnerBankruptcy Appellate Panel of the Second Circuit · 1997
  5. In Re SmithUnited States Bankruptcy Court, W.D. Oklahoma · 1988

18 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. In Re: Mark A. Sidebottom, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 2005
  2. In Re BrownUnited States Bankruptcy Court, W.D. Virginia · 2009
  3. In re MunroeUnited States Bankruptcy Court, E.D. Michigan · 2017
  4. Bruce A. Ruth & Dawn Conversions, Inc. v. Swigert (In re Swigert)United States Bankruptcy Court, M.D. Pennsylvania · 2019
  5. In Re ScruggsUnited States Bankruptcy Court, D. South Carolina · 2004

22 more not listed; retrieve them via the Exa API.

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